Elephant’s Right To Quality Life Prevail Over Right Of Men To Use It For Religious Rites: Bombay High Court

The Bombay High Court observed that in case of conflict between the rights of an elephant and the rights of men to use the elephant in the discharge of its religious activities, priority must be given to the elephant’s welfare.

A Writ Petition was filed by a Trust belonging to Jain Discipline to not not to take any coercive action for transfer of the elephant, which was with the trust since 1992.

The Bench of Justice Revati Mohite Dere and Justice Dr. Neela Gokhale observed, “Before we part, we deem it appropriate to record that we have considered and chosen the survival of the elephant and its right to quality life, over and above the rights of men to use the elephant for religious rites. We have no doubt that the Petitioner-Math may have had no deliberate intent to cause injury to the elephant however, in the given circumstances of conflict between the rights of an elephant and the rights of Petitioner-Math to use the elephant in the discharge of its religious activities, priority must be given to the elephant’s welfare. The Court has duty under the doctrine parens patriae to secure the rights of the voiceless and hapless Mahadevi.”

Senior Advocate Surel Shah represented the Petitioner, while Advocates Jatin Kochar, A. I. Patel, Shardul Singh and Vishal Kanade represented the Respondents.

Case Brief

The Petitioner is a Trust registered under the provisions of Maharashtra Public Trust Act, 1950 belonging to Jain discipline. The Petitioner Trust owns the elephant namely Mahadevi since the year 1992 and is stated to have a religious tradition to keep an elephant in the Math for religious programs. The Petitioner-Trust contended that it is its fundamental right to carry out their duties, rights and rituals to express their idea of religion as Article 25 of the Constitution recognizes this right.

The High Power Committee (HPC) on the basis of the inspection report submitted by its sub-committee, directed transfer of the elephant to the Radhe Krishna Elephant Welfare Trust (RKTEWT) at Jamnagar. PETA contended that the Petitioner-Trust has only a commercial interest in retaining custody of the elephant under a pretext of religious requirement. Further, the elephant was kept in a small dirty shed with a hard floor on which a layer of sand and mud was added; and the elephant’s foot pads and toe nails are painfully overgrown and infected.

The RKTEWT Trust in which the elephant was being transferred is a facility specialized and well equipped in elephant care center i.e. suitable, appropriate and capable of receiving and caring for the said elephant.

Court’s Analysis

The Court noted that it has been stated that the elephant suffers from decubital ulcerated wounds on the bony prominences of the hip joints on both sides and the back side of the right elbow joint and severe foot rot on the middle toe of both forelegs and the elephant is in urgent need of specialized veterinary treatment.

“In our view, the argument of the elephant’s convalescence and that her condition is now improving has no strength and does not further the case of the Petitioner…This continued treatment of the elephant is callous and brutal. The elephant does not deserve to be used to ferry weighty humans and equipments.”, the Court opined.

Further, the Bench noted that the efforts made by the Petitioner-Trust are too little and too late in the day, to redeem the neglect and to commiserate for the damage caused to the mental and physical health of the elephant.

The Court observed that it has duty under the doctrine parens patriae to secure the rights of the voiceless and hapless elephant.

Conclusively, the Court ordered that the elephant shall be transferred to the Radhe Krishna Temple Elephant Welfare Trust, Moti KhavdiJamnagar, Gujarat.

Accordingly, the Petition was disposed of.

Cause Title: Swasthishri Jinsen Bhattarak V. Union of India & Ors (Neutral Citation:2025:BHC-AS:29166-DB )

Appearance:

Petitioner: Mr. Surel Shah, senior counsel with Mr. Manoj Patil & Ms. Kalyani Mangave

Respondent: Mr. Jatin Kochar with Mr. Ninan Thikekar, i/b. Mr. Karan Singh Shekhawat, for the Respondent No.2.

Mr. A. I. Patel, Additional Government Pleader with Smt. S. S. Bhende, AGP, for the Respondent-State.

Mr. Shardul Singh with Mr. Smeet Savla, for the Respondent No.6.

Mr. Vishal Kanade with Mr. Prateek Pai, Ms. Sita Kapadia, Ms. Arunima Athavale, i/b. Keystone Partners, counsel & Solicitors for the Respondent No.7.

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